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Re: Freelancer claimed his System was hacked and now my entire completed shopify store is deleted

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Active Member
Abbi J Member Since: Dec 18, 2019
31 of 42

Hi Preston, 

 

Thanks for your replay. The whole thing is so confusing as I have gone through the upwork mediation. Upwork mediator has recommended arbritration as we couldnt come to a resolution. 

Freelancder says he doesnt want to participate in arbritration, but i the client will like a governing body to decide because he need to refund my money as he has deleted the work he delivered to me even though he claims it is a hacker on his side that did it. 

 

I have now paid the arbritration fee of $291. He has been given 5 business days to pay his. 

 

My question is what if he doent pay, what happens? if this is no benefit to me why did upwork recommend arbritration? 

 

If we he doent pay, do i get my arbritration fee back? or thats another money lost. This is the most frusting thing ever as i have asked the mediator all these question and it has been silence on their except to tell me that my card has been charged for the fee...

 

i am so upset and frustrated 

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Community Guru
Preston H Member Since: Nov 24, 2014
32 of 42

Abbi:

If you have paid the arbitration fee, even though all escrow money has been released, then clearly there is more to "arbitration" than I personally understand.

 

To answer your question about what happens if the freelancer does not pay the arbitration fee: The traditional answer is very simple, and can be found in dozens of threads in the Forum as well as in Upwork's help documentation:

 

If a client pays for arbitration and the freelancer does not, then the arbitration fee is returned to the client, and all money in escrow is awarded automatically to the client.

 

*********

 

re: "The whole thing is so confusing..."

I agree.

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Active Member
Abbi J Member Since: Dec 18, 2019
33 of 42

Preston, 

 

There is no money in escro, all has been release to freelancer once i closede the milestone as he deleted my store immediately after i released payment from escrow.... 

 

 

 

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Community Guru
Petra R Member Since: Aug 3, 2011
34 of 42

Preston wrote:

If you have paid the arbitration fee, even though all escrow money has been released, then clearly there is more to "arbitration" than I personally understand.


There is indeed.

 

Arbitration decides over everything ever paid on a contract, not just what is in Escrow.

 

Provided a dispute was initiated in time, it does not matter how much has been released over how many milestone and how long ago, it all, every last Cent, becomes disputable in arbitration.

 



 

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Community Guru
Petra R Member Since: Aug 3, 2011
35 of 42

Abbi J wrote:

Upwork mediator has recommended arbritration as we couldnt come to a resolution. 

Freelancder says he doesnt want to participate in arbritration, but i the client will like a governing body to decide because he need to refund my money as he has deleted the work he delivered to me even though he claims it is a hacker on his side that did it. 

 

I have now paid the arbritration fee of $291. He has been given 5 business days to pay his. 

 

My question is what if he doent pay, what happens?


If the freelancer does not pay the arbitration fee, you "win" by default, you get your arbitration fee back and the money you paid the freelancer will be "awarded" to you. If the freelancer does not refund, their account will be suspended.

 

However, if the money has already been withdrawn by the freelancer and he's not got other funds in his Upwork account, there is nothing further Upwork can do. All they can do in such a case is keep his Upwork account suspended.

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Active Member
Abbi J Member Since: Dec 18, 2019
36 of 42

Update: I paid for the arbritration, freelancer was given thill Jan 1st deadline to pay. He has not paid and there has just been silence from Upwork and now this is 14 days later. 

 

I thought if it goes past thde dealine, i automatically win and upwork makes that decision and attempt to get me my refund??

 

It has been silence and this is pissing me off as now, I have 291 and still silence... This is really bad of upwork

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Moderator
Goran V Moderator Member Since: Mar 24, 2017
37 of 42

Hi Abbi,


I`m sorry about the delay with this. I`ve just followed up with our dispute team to review your ticket and update it with more details as soon as possible. If you have any additional questions feel free to post them on your ticket, thank you.


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Community Guru
Petra R Member Since: Aug 3, 2011
38 of 42

Abbi J wrote:

 

I thought if it goes past thde dealine, i automatically win and upwork makes that decision and attempt to get me my refund??


The freelancer may have gone to ground. Upwork can not get money back that has already been withdrawn...

 

If the freelancer wants to keep his Upwork account he'll have to refund, but if he doesn't care, you won't get your refund. All Upwork can do is suspend him.

 


Abbi J wrote:

 

It has been silence and this is pissing me off as now, I have paid 291 and still silence...


You will get those $ 291 back.

Active Member
Abbi J Member Since: Dec 18, 2019
39 of 42

Thanks Petra, 

 

He indicated he has some credits with Upwork. I just need to know the final decision. This is the most horible experience. 

 

Never again

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Active Member
Abbi J Member Since: Dec 18, 2019
40 of 42

I have learned a big lesson today ... and that is i am not safe on this platform... someone can literally take my money , delete my store, i raised an alarm immediate (30 minds of releaseing the milestone, open up a dispute) all withing the 5 days security window and upwork did nothing to hold on to the money and not release it to the freelancer until they got to the bottom what was going on... Now i have been swindled and scammed of $565...

 

As a starting small business, this is a massive blow to me, as I am literally very low on resources, and to see this happen on a reputable platform as upwork is really discouraging... I am truly heartbroken. thats $565 down the drain and all my sweat hours in my store down the drain....

 

 

 

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